US announces fee hike for H-1B, L-1, and EB-5 visas
The United States government announced a significant increase in fees for various non-immigrant visas, including H-1B, L-1, and EB-5, which are popular among Indians seeking to immigrate to the US. This marks the first major fee adjustment since 2016, with the new fees taking effect on April 1. The Department of Homeland Security (DHS) stated that the changes to fee structures used by the United States Citizenship and Immigration Services (USCIS) would result in net costs, benefits, and transfer payments.
Fee hike details for H-1B, L-1, and EB-5 visas
The H-1B visa application fee has risen from $460 to $780, while the H-1B registration fee will increase from $10 to $215, effective next year. H-1B is essential for the employment of tens of thousands of workers from India by technology companies annually. L-1 visa fees have jumped from $460 to $1,385, and EB-5 investor visa fees have skyrocketed from $3,675 to $11,160. L-1 visa is provided for intracompany transferees, whereas EB-5 enables high-net-worth foreign investors to get US visa.
Impact on families, investor visa applicants, and employers
This fee hike will affect families seeking reunification, investor visa applicants, and employers hiring migrant workers. The DHS projects that the annualized net expenses to the public during the 10-year rule analysis period (FY 2024 through FY 2033) will amount to $157,005,952, discounted at 3% and 7%. The DHS argued that the modifications in the final rule will benefit both the department and petitioners and applicants for immigration benefits in various ways.
Major benefits for the government
The main advantages for the government include less administrative load and errors in fee processing, enhanced adjudicative process efficiency, and improved capacity to evaluate service costs, enabling more accurately aligned fees in subsequent regulations. Xiao Wang, CEO of Boundless Immigration, told Times of India that the additional funds generated by the increase should be effectively used by USCIS to make the immigration process smoother, faster, and less complex.
USCIS's response to public comments
USCIS, reportedly has received over 5,400 different public comments in response to its January 2023 notice of proposed rulemaking. The final rule reduces the agency's required annual cost recovery by nearly $730 million through improved efficiency measures. USCIS plans to use innovative solutions to address backlog growth and enhance customer experience. However, congressional funding remains essential to sustainably and fully address the increase in the caseloads associated with recent border crossers, including hiring additional USCIS personnel.
